| GLENN FREELAND AND SUSAN FREELAND, AS LEGAL GUARDIANS FOR JALEN WALKER, INFANT AND SOLE ISSUE OF THE ESTATE OF TREVELL |
| Motion No: CA 13-01411 |
| Slip Opinion No: 2014 NY Slip Op 64925(U) |
| Decided on February 24, 2014 |
| Appellate Division, Fourth Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
PRESENT: SMITH, J.P., FAHEY, LINDLEY, SCONIERS, AND VALENTINO, JJ.
DOCKET NO. CA 13-01411
DOCKET NO. CA 14-00266
| GLENN FREELAND AND SUSAN FREELAND, AS LEGAL
GUARDIANS FOR JALEN WALKER, INFANT AND SOLE ISSUE OF THE ESTATE OF TREVELL WALKER, DECEASED,
PLAINTIFFS-APPELLANTS, V ERIE COUNTY, TIMOTHY B. HOWARD, ERIE COUNTY SHERIFF, MARK WHIPPERMAN, ERIE COUNTY
UNDERSHERIFF, DEFENDANTS-RESPONDENTS, ET AL., DEFENDANT. (APPEAL NO. 1.) GLENN FREELAND AND SUSAN
FREELAND, AS ADMINISTRATORS FOR THE ESTATE OF TREVELL WALKER, DECEASED, AND AS LEGAL GUARDIANS OF THE INFANT AND SOLE
ISSUE JALEN WALKER, PLAINTIFFS-APPELLANTS, V ERIE COUNTY, MARK POLONCARZ, ERIE COUNTY EXECUTIVE, TIMOTHY B.
HOWARD, ERIE COUNTY SHERIFF AND MARK WIPPERMAN, ERIC COUNTY UNDERSHERIFF, DEFENDANTS-RESPONDENTS. (APPEAL NO.
2.) |
Appellants having moved to consolidate the appeals taken herein from orders of the Supreme Court entered in the Office of the Clerk of the County of Erie on April 2, 2013 (appeal No. 1), and January 2, 2014 (appeal No. 2), and having moved to adjourn appeal No. 1 so that it can be heard at the same time as appeal No. 2,
Now, upon reading and filing the affidavit of Kevin T. Stocker, Esq., sworn to January 31, 2014, the notice of motion with proof of service thereof, and the affidavit of Anthony B. Targia, Esq., sworn to February 18, 2014, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is granted to the extent that appeal Nos. 1 and 2 shall be scheduled for oral argument on the same day on the condition that appeal No. 2 is perfected on or before March 26, 2014, and
It is further ORDERED that if appeal No. 2 is perfected on or before March 26, 2014, it shall be added to the calendar for the term of this Court commencing September 2, 2014, and
It is further ORDERED that the motion is granted to the extent that appeal No. 1 is removed from the Court's day calendar for February 28, 2014, and is added to the calendar for the term of this Court commencing September 2, 2014, and the motion is otherwise denied.
Entered: February 24, 2014
Frances E. Cafarell, Clerk